Kenyan case law
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Arthur Mwaura Kariuki v Peter Macharia Kamau & another; Sumry Bus Service(Third Party) [2020] KEHC 2641 (KLR)
✦ The plaintiff failed to prove that the 2nd defendant was the registered owner of the subject vehicle. The 1st defendant is held liable for negligence, and the 1st defendant can seek indemnity from the third party, who was served but did not participate in the proceedings.
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Paul Mwangi Macharia v Republic [2020] KEHC 271 (KLR)
✦ The mandatory nature of the minimum sentences under Section 8(2), 8(3), and 8(4) of the Sexual Offences Act is unconstitutional. The applicant's sentence will be reviewed in the Court of Appeal.
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Otieno Ragot & Co. Advocates v National Bank of Kenya Ltd [2020] KEHC 1879 (KLR)
✦ Interest is not payable on the taxed costs as the original fee note was erroneous and the correct fee was determined on 17th August 2016.
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Anthony Kipkoskei Kimetto v Dickson A. Rono & others (Civil Suit 78 of 2007) [2020] KEHC 1880 (KLR) (8 October 2020) (Ruling)
✦ The court ordered the Narok County Land Registrar and the County Land Surveyor to define the precise position of the boundaries of the land parcels and fix them as accurately as possible.
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Ann Wangari Mungai v Republic [2020] KEHC 251 (KLR)
✦ The sentence of death is substituted with a sentence of 40 years' imprisonment
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Ombui Onyango v Kunga Morumbasi [2020] KEHC 1734 (KLR)
✦ The court finds that the Plaintiff/Applicant has not demonstrated sufficient cause to warrant the exercise of the court's discretion in his favor.
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Republic v County Secretary, Government of Machakos County & 5 others Ex parte Medionics Health Care Limited [2020] KEHC 2674 (KLR)
✦ The court finds that the respondents' applications lack merit and are dismissed with no order as to costs.
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Republic v Jacinta Mueni Willy [2020] KEHC 2491 (KLR)
✦ The accused is sentenced to a probation sentence for three years.
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Kefa Misati Ondere & 2 others v Simeon Mokaya Asanyo & 4 others [2020] KEHC 62 (KLR)
✦ The administrator is ordered to produce a full and accurate account of the completed administration within six months from the date of confirmation of the grant.
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Republic v Austin Oduori Egesa [2020] KEHC 1140 (KLR)
✦ The accused is found not guilty of murder.
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Ben Saningo v Republic [2020] KEHC 158 (KLR)
✦ The sentence is reduced to 15 years from the date of sentence. The conviction is affirmed.
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Invesco Assurance Co. Ltd v Kinyanjui Njuguna & Co. Advocates & another [2020] KEHC 2628 (KLR)
✦ The court finds that the applicant's tools of trade are exempt from attachment under Section 44 of the Civil Procedure Act, and the insolvency proceedings can stay matters pending before other courts.
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In re Zakary Njeru Mbungu (Missing person”) [2020] KEHC 300 (KLR)
✦ The application is dismissed with no order as to costs.
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Bernard Mwingirwa v Republic [2020] KEHC 2433 (KLR)
✦ The appeal is partially allowed, the sentence is set aside and substituted with two years imprisonment from the date of sentencing.
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Republic v Edward Ndungu Wanjiku [2020] KEHC 2531 (KLR)
✦ The court finds a prima facie case and puts the accused on his defence
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Basta Logistics Limited v Francisca Mueni Kimae (Suing as an adminitratrix ad litem of the estate of Patrick Mwania Sua (Deceased) [2020] KEHC 2606 (KLR)
✦ Stay of execution granted on condition that the Applicant deposits 60% of the decretal sum in an interest earning account within 21 days in the joint names of the advocates for the Applicant and Respondent.
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Ngolekou Nanduma v Republic [2020] KEHC 2410 (KLR)
✦ The Appellant’s conviction is safe, and the sentence is lawful and deserved.
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Republic v Ibrahim Muchui Ratanya [2020] KEHC 123 (KLR)
✦ The accused is found guilty of manslaughter.
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Jeremiah and Brothers Contractors & another v Simon Njoroge Maina [2020] KEHC 1976 (KLR)
✦ The trial court’s award was affirmed, and the appeal was dismissed with costs.
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Republic v Deputy County Commissioner Kibwezi West Sub County & another; Govt. of Makueni County (Interested Party); Ex-Parte Salim Mohammed Salim & 5 others [2020] KEHC 2683 (KLR)
✦ The application lacks merit and is dismissed with costs to the 1st and 2nd Respondents
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Republic v Alex Muriithi & another [2020] KEHC 2446 (KLR)
✦ The Accused are granted bail pending trial.
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Republic v Benard Okumu Olalo [2020] KEHC 1141 (KLR)
✦ The accused is found not guilty of murder.
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Pauline Auma Mwayi v Republic [2020] KEHC 1127 (KLR)
✦ The conviction and sentence are quashed. The appellant is to be retried by any other officer of competent jurisdiction other than Hon. Ambasi.
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In re Estate of Kimani Ng’ang’a (Deceased) [2020] KEHC 10180 (KLR)
✦ The will is valid, but the deceased only owned 1/4 of the Dagoretti property and the two plots in Ruiru, which he bequeathed to one Mary Wangari and the second widow. The executor is directed to sell the 1/4 acre of Dagoretti owned by the deceased as directed in the will.
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Republic v Kariuki & 3 others; Law Society of Kenya (Ex parte Applicant) (Judicial Review E045 of 2020) [2020] KEHC 10142 (KLR) (Judicial Review) (8 October 2020) (Ruling)
✦ Consolidation of suits was impermissible where it was sought to circumvent the rule of sub judice and amounted to an abuse of court process.